*1 judi- sec. Where two more counties 186. constitute judge performs cial district an associate administra- purely legal tive but in the business of the duties, etc., Judge court the control of the law is exclusive. Since judges, the two associate one of whom did not hear joined (81a), the evidence dissented from Apparently, the law can be raised. joinder their in indicates that concur however, (he opinion hearing Judge. and decree We note that the court’s decree the costs of the proceedings paid part are directed to be costs approve payment of administration. We such of costs corpus in the court beloiv out of How- estate. apply such decree ever, does costs Court.
The decree is affirmed, cost Logue Manufacturing Company, Potts Appel-
lant. January Argued 1955. Before C. J., Stern, Ciiidsey JJ. Jones, Bell, Musmanno, *2 for John D. Fallen, Jr., Boyd
Joseph him Landis and J. McIntosh, J. appellee. for J- McIntosh, Landis March M. Mr. Allen 1955: following acci- trespass automobile an action In a questions liability are raised Two admitted. was dent, (1) appeal it error over- was of defendants the par- contradicting testimony objection in some rule testimony physician been ex- had the ticulars completion day upon of his tes- previous cused timony? (2) excessive? trial the learned new motion defendants’
On objection: succinctly defendants’ stated trial objected to the intro- for the . Counsel “. . way any any that would duction expert physician on witness] defendants’ [the put notice of on ground have been he should might that he any doctor, to contradict intent plain- present that since kept trial, him being agreed excused, to the doctor had tiff’s counsel advantage taking an unfair to offer testi- it be would mony contradicting Mm. . . .” following overruling gave reason for
The court legal objection: proposition “The for which that when a witness has been the defendant contends is by agreement of the other side can- counsel, excused any testimony tending thereafter introduce to con- tradict him. We know of no such nor do we be- rule, that such a rule would be desirable. It would sub- lieve practice excusing stantially end the after witnesses objec- particularly This have testified. frequently tionable the case of who are doctors, immediately called out of order and excused after leav- ing the witness stand.” agrees ruling.
We affirm When counsel *3 excuse a witness the witness no rule of law and retires, whereby promulgated, or should be the other side exists, producing testimony from is foreclosed which testimony. willing Unless counsel is to required risk should be to re- assume this the witness discharged. main in court and Defendants contend that the verdict is excessive. up hospital It is made as follows: and medical $8,422, wages damages loss $219; bills of to automobile $74; general pain, suffering and verdict for and al- $1,100 disability plaintiff leged Both and $7,029. figures. agree on these The sole whether, is testimony, under the amount is excessive. agree While the learned trial we that the jury’s true cause of defendants’ dissatisfaction is the acceptance diagnosis prognosis and of the doc- rejection by plaintiff called and the tors of the testi- mony that of defendants’ doctor there was no residual disability permanent damage or neverthe- knee, opinion that all the less we are of under sum of is excessive. We therefore reduce this judgment in the tlie sum affirm amount to and of $6,422. judgment, affirmed.
The as modified, Dissenting Mr. Musmanno: Majority’s to reduce from decision dissent from to $8,422 $6,422. equipped My judicial spectacles are diagnostic me microscopic as will show and lenses conscience excessive as $8,000is every medicine rule of is, law, and that $6,000 plaintiff in- logic, serious The jury cap. right limita- have a knee He will his 15% (Be- life. the rest of his of that knee for the use according expectancy, years age ing 24 he has a life years). Mortality Dr. F. S. to Standard Tables, attempts plaintiff to run if the Mainzer testified that may give plaintiff jump The out.” testi- “his you a real bad head- knee “feels like fied that his Climbing get thumping.” your knee. You a ache experiences steps, consider- must in his as he work, pain. able discomfort and Majority
The the items of enumerates subjected result which expenditure negligence, not the but defendant’s determining just ade- reliable touchstone most *4 quate at the time testified that verdict. The his doctor bills. But had not received all trial he expense does not constitute total medical even so, ascertaining extent of a dis- the infallible test for leg amputa- person’s A man with a future losses. abled may comparatively small medical sedentary occupation earn as if he has a the accident. than he more did and even much, say leg gone, Bnt with a one has major catastrophe physical and is not en- way dependent damages in titled an award of expense? upon A man the actual amount medical joint amputated with an limb with a disabled knee very will be one first be released from remu- slump nerative an economic and he will be the work reemployed prosperity last to be when the wheels of begin again. to turn monotony
This Court has said of a broken phonograph record that “the of the amount only of the verdict will be reviewed cases where justice.” excessive as to our sense In days ever-rocketing living margin these costs, (where injury between a serious involved) jus- is not such a sum shocks sense of swing hinge tice. The cannot be measured monetary calipers say that one can with mathematical certitude where the free arc ends which makes shockable and $6,000 It that reason that would leave the verdict jury put where the and where it, the lower court re- fused to molest it. Scranton-Springbrook
Schon, Admrx., Water Company, Appellant. Service